On January 1, 2024, copyright protection expired in the USA for the original version of Mickey Mouse, who first appeared in the legendary animated film “Steamboat Willie” in 1928. This early film, created by Walt Disney, stands as a symbol for the beginning of a cultural icon and also brings legal consequences with the expiry of copyright. But what exactly does the expired copyright to Mickey Mouse mean? And how can creatives and companies use the character in a legally secure way without coming into conflict with other intellectual property rights?
Expired copyright on Mickey Mouse – What is allowed now?
The expired copyright to Mickey Mouse relates exclusively to the original version of the character as depicted in “Steamboat Willie” in 1928. Under US copyright law, protection lapses after 95 years, meaning that the original Mickey Mouse character can now be used in the USA without permission. This gives artists and creatives the freedom to create new works, adaptations and remakes based on this first version of Mickey Mouse – a milestone for the creative industry and public access to cultural history.
A recent example shows that a trailer for a horror film has already been released in which the original version of Mickey Mouse can be seen. The adaptation of this older version could theoretically be legally permissible as long as it does not contain any elements that Disney added later. However, the use of Mickey Mouse is not without risks, as Disney, as the rights holder, has other mechanisms at its disposal to protect the character in addition to copyright.
Legal limits: Why the copyright to Mickey Mouse has not expired without limit
Although the copyright on Mickey Mouse has expired for the first version, this does not apply to the modernized versions. Disney has continued to develop Mickey Mouse over the decades, creating many versions that are also protected by copyright. Under current law, these modern features worthy of protection may not be used in new projects, as they are still reserved for Disney.
The expired copyright to Mickey Mouse is therefore limited to the first appearance of the character. This means that later variations, in particular the colorful and detailed depictions, remain protected and may not be used without express permission. Anyone using the original version from 1928 must therefore ensure that there is no overlap with the modern protected versions.
Mickey Mouse copyright in Germany and Europe
While the copyright to Mickey Mouse has expired in the USA, different rules apply in Germany and most EU countries. Under German and European copyright law, protection expires 70 years after the death of the author. As the last co-author of “Steamboat Willie” died in 1971, the character is likely to be protected by copyright in Germany until 2041. This leads to an exciting situation, as there is a bilateral copyright agreement between the USA and Germany that supplements the provisions of the Berne Convention.
These regulations raise legal questions as to how the copyright to Mickey Mouse, which has expired in the USA, should be applied in this country. Differing legal opinions and national interpretations of the provisions could lead to conflicts, especially if European artists wish to use the character. It therefore remains a challenge for creatives and companies to ensure that the Mickey Mouse character is used in a legally compliant manner in Europe.
Trademark law as additional protection – Disney remains vigilant
In addition to the copyright to Mickey Mouse, Disney has also registered trademark protection rights for the character, which enable the Group to continue to take action against unauthorized use. Unlike copyright, trademark rights can be renewed at will, allowing Disney to retain the rights to the “Mickey Mouse” brand for years to come. This protection is even actively strengthened: for example, Disney integrates an excerpt from “Steamboat Willie” as an intro to its modern animated films in order to preserve the character’s association with the company and protect it under trademark law.
The use of the character under trademark law thus becomes a decisive protective instrument that Disney can use against unwanted use. If third parties use the Mickey Mouse character without permission, Disney could have this prohibited under the argument of trademark confusion – especially if the use suggests an official Disney connection. This means that the copyright to Mickey Mouse remains free for the character in its original version, but Disney retains extensive control through trademark law.
Conclusion: Opportunities and limits of use due to the expired copyright to Mickey Mouse
The expired copyright to Mickey Mouse in the USA opens up new creative possibilities, but does not constitute a complete release. The original version from 1928 can theoretically be used, but later versions and trademark issues continue to restrict the use of the character. In addition, the character remains protected by copyright in Germany and Europe until at least 2041.
Companies and creatives wishing to work with the character should therefore be aware that the expired copyright to Mickey Mouse has numerous legal limitations. Disney will actively defend the rights to the modern depictions and the brand in order to continue to preserve the character as an exclusive corporate icon.
